A U.S. Circuit Court of Appeals on Thursday vacated a lower court’s preliminary injunction blocking the league’s suspension without pay of the Dallas Cowboys running back.

After its own year-long investigation the NFL had concluded in August there was “substantial and persuasive evidence” Elliott on multiple occasions in July 2016 “engaged in physical violence” against his then girlfriend in Ohio.

Previously, Ohio police and authorities neither arrested nor charged Elliott with any wrongdoing in the matter.

The NFL players union, representing Elliott, appealed the suspension. Before the arbiter rendered his decision to uphold the league’s punishment, the union — sure it would lose the appeal — sought a temporary restraining order in a New Orleans district court. A judge there granted the injunction on the eve of the regular season, calling Elliott’s suspension “fundamentally unfair” in shelving the suspension.

The league appealed to the 5th Circuit Court of Appeal. A three-judge panel heard oral arguments, and in a 2-1 decision announced Thursday the panel sided with the NFL’s arguments, concluded the district court had no proper subject-matter jurisdiction, and ordered said lower court to dismiss the case.

Dallas has a bye this week. The next time Elliott and the Cowboys are scheduled to play is a week from Sunday at the San Francisco 49ers. Barring any further legal stays or delays, Elliott’s six-game suspension would begin then. Elliott would return from suspension in time to play in the Cowboys’ Nov. 30 home game against the Washington Redskins.

NFL Network reported that the NFLPA likely will refile its appeal in a New York court, to again seek a temporary restraining order and preliminary injunction.

Because with NFL court cases, it’s never over.

ANTHEM NEWS

Dallas Cowboys owner Jerry Jones met with his players Wednesday, to further discuss his feelings on player protests. SI.com’s Albert Breer reported that Jones “advocated different ways the league and players could work together to create social change,” but without hurting the league’s business. The inference being: Various forms of anthem boycotts by players hurt league business.

Meantime, commissioner Roger Goodell gave an interview to league-owned NFL Network to underscore that the league, as of now, has no rule mandating players must stand during the playing of The Star Spangled Banner; league policy only says players “should” stand. Goodell did not add that wording might well change next week, when owners meet Tuesday and Wednesday in New York City. The NFLPA and select players will join them to discuss these issues.

RATINGS DOWN

Per the Sporting News, NFL TV ratings in the U.S. are still down overall — specifically, down 7% year-over-year and down 15% over the same timeframe compared to 2015, the best year for NFL TV ratings.

The average TV audience for all NFL games this season is 15.156 million American viewers, down from 16.371 million in 2016, and 18.438 million in 2015.

Reasons? Probably many of the same reasons all traditional network TV viewership is in a freefall, such as fewer young people watching for shorter periods of time, and more non-traditional viewing options now available, and on non-traditional platforms.

No doubt another reason is the loss of viewers offended by player protests during the anthem.

MARIOTA BACK?

Tennessee Titans QB Marcus Mariota — who missed last Sunday’s game with a hamstring injury, “did more” at Thursday’s practice. But head coach Mike Mularkey said “we’ll just have to see how it feels in the morning after what he did today … He did a little bit more than (Wednesday) … He threw some balls, and did some things.”

Mariota still has yet to run a sprint since suffering the injury two weeks ago, though. Hmmmm.

BIG LOSS FOR BENGALS

Cincinnati placed tight end Tyler Eifert on injured reserve with a nagging back injury. He hadn’t played since Week 2. Cincinnati.com reported that the oft-injured Eifert requires surgery on his back that will keep him from football activities for 4-6 months.

RAIDERS GAME MOVING?

Wildfires in the Bay Area of California, which have killed more than 20 people and destroyed innumerable properties, forced the Oakland Raiders to adjust their Thursday practice schedule. Air quality is below healthy levels. The NFL is monitoring, and as of Thursday the Raiders’ home game Sunday afternoon against the Los Angeles Chargers was still on. NFL Network reported that the 49ers’ home — Levi’s Stadium in Santa Clara, across the bay and about an hour’s bumpy, miserable, traffic-congested drive south of San Francisco — is available Sunday, if needed.

EXTRA POINTS

Andrew Luck is “ramping up” his involvement at Indianapolis Colts practices this week, according to Zak Keefer of the Indianapolis Star. On Thursday the quarterback threw with noticeably more zip than he did in his first practice of the year last week. “More snaps, more throws, more yards, more zip, more football,” Keefer wrote. Luck underwent surgery on this right throwing shoulder in January; his recovery has been turtle-slow. The Colts now will start working Luck into seven-vs.-seven drills this week, and even give him a handful of scout-team snaps … New England QB Tom Brady (sore left shoulder) and TE Rob Gronkowski (thigh) practised Thursday on a limited basis, after both missed Wednesday’s practice entirely.

Almost Done!

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